EFE Competitive Food Sales
File: EFE
COMPETITIVE FOOD SALES -- SALES OF FOOD IN COMPETITION WITH
THE SCHOOL FOOD SERVICE PROGRAM
The Board supports good nutrition as part of a school environment that
contributes to student health and encourages positive food choices and
eating habits. The Board believes that nutrition influences a student's
ability to take full advantage of the school system's educational
program and is, therefore, related to student achievement.
The Board also recognizes that proceeds from the sale of foods and beverages outside of the School Lunch Program ("“competitive foods"foods”) are a significant source of funds for student activities that RSURegional School Unit 1 might not otherwise be able to provide.
The“Competitive Boardfood” hasmeans adoptedall this policy to govern the sale of foodsfood and beverages onother schoolthan property.
RESTRICTIONreimbursed ONunder SALEprograms OFauthorized COMPETITIVE FOODS
Maine Department of Education Rule Chapter 51 mandates that any food or
beverage sold at any time on school property of a school participating
inby the National School Lunch orAct School Breakfast Programs shall be a
planned part ofand the totalChild foodNutrition serviceAct program[^1]that ofare available for sale to students on the school andcampus shallduring includethe onlyschool thoseday.
At whicha contributeminimum, bothall competitive food sold to thestudents nutritional
needs of children andon the developmentschool ofcampus desirableduring foodthe habits,school andday shallmust notmeet includethe foodsnutrition ofstandards minimal nutritional value as definedspecified in applicable7 federalCFR regulations[^2],§ except as provided for by School
Board policy in certain circumstances.210.11.
AsA special exemption may be allowed by Rule Chapter 51, the Board permitsfor the sale of food andand/or beverages outsidethat do not meet these standards for the totalpurpose foodof programconducting to:
A. School staff
B. Attendees atinfrequent school-sponsored eventsfundraiser. heldNo onspecially exempted fundraiser foods or beverages may be sold in competition with school propertymeals (i.e., school-sponsored events that are open toduring the public)
C. The public at community events held on school property in accordance with the Board's facilities use policy
D. In State-approved instructional Career and Technical Education (CTE) Programs
E. By a school approved student organization or program if consistent with the requirement that such sales not include foods of minimal nutritional value as defined in 7 C.F.R. § 210.11 (a)(2).
This policy applies to sales of foods and beverages at any time on
school property by any person, group or organization.service.
When foods and beverages are sold to raiseattendees fundsat forcommunity schoolsevents sponsored by the school or studentheld activities,on school property, students, staff, parents, or school-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices.
FUNDS FROM SALES OF COMPETITIVE FOODS
Funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school'school’s non-profit school food service program, except that funds raised through authorized sales outside the total food service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies, cash-management procedures and administrative directives, or to the sponsor of a community event that is held on school property in accordance with the Board'Board’s facilities use policy.
DELEGATION OF RESPONSIBILITY
The Superintendent/designee shall be responsible for enforcement of this
policy. A school unit employee who observes conduct he/she believes to
be a violation of this policy or is informed of such conduct by a
parent, student or community member should contact the building
administrator or Superintendent/designee.
Legal Reference: Ch.20-A 51MRSA (Dept.§§, of7 EducationCFR Rule)§ (Child Nutrition
Programs in
Public Schools and Institutions)210.11
Cross Reference: DFF --– Student Activities Funds
JJE --– Student Fundraising Activities
JJF --– Student Activities Funds
Procedure
KF --– Community Use of School Facilities
KJA --– Relations with Boosters Organization
Adopted: June 12, 2006
Revised: March 10, 20082008; November 25, 2024
[^1]: According to DOE Rule Chapter 51 (1)(b), the "Total Food Service
Program" included the federal Milk Program as defined in 7 C.F.R. §
215; the federal Breakfast Program, which means the federal program
under which a breakfast that meets the nutritional requirements set
for in 7 C.F.R. § 220 is offered; the National School Lunch Program
(including the After School Snack), which means the federal program
under which the school operates a nonprofit lunch program that meets
the requirements of 7 C.F.R. § 210; or any combination of these
programs.
[^2]: "Foods of minimal nutritional value" as defined in 7 C.F.R. §
210.11 means: (a) In the case of artificially sweetened foods, a
food which provides less than 5 percent of the Reference Daily
Intake (RDI) for each of the eight specified nutrients per serving;
(b) in the case of all other foods, a food which provides less than
5 percent of the RDI for each of eight specified nutrients per 100
calories and less than 5 percent of the RDI for each of eight
specified nutrients per serving. The eight nutrients to be assessed
for this purpose are: protein, vitamin A, vitamin C, niacin,
riboflavin, thiamin, calcium, and iron. This definition is
applicable to foods that are part of the total food service program
of the school, and foods and beverages sold at food sales, school
stores, and in vending machines. A listing of "Categories of Foods
of Minimal Nutritional Value" is in Appendix B to 7 C.F.R. Part 210
(National School Lunch Program).